Free Petition to Revoke Probation/Release - District Court of Arizona - Arizona

P_Prob12.frm . _
(Rev. 12r04) · O - 2,, ___ LODGED I
r ' ______ R-EcElvED __ COPY
UNITED STATES DISTRICT CO RT JU 1
for L 0 2006 _
DISTRICT OF ARIZONA . CLERK u s oisrnicr count-
illltnlet or Anlzorrm
- .“' rage.-e...e,
United States v. Vicente H. Montez Docket No. O3CR01260·-001-PHX-ROS
Petition to Revoke Supervised Release TJ
COMES NOW PROBATION OFFICER James lvl. Blount presenting an official report on Vicente
H. Montez who was committed to the Bureau of Prisons on September 29, 2004, by the Honorable
Roslyn O. Silver presiding in the District Court of Arizona. A three-year period of supervised release was
imposed, and supenrision commenced upon the offender's discharge from imprisonment on January 13,
2006. ln addition to the general terms and conditions adopted by the Court, the offender was ordered
to comply with the following special conditions:
1) You shall participate as instructed by the probation officer in a program of substance abuse
treatment which may include testing for substance abuse. You shall contribute to the cost of
treatment in an amount to be determined by the probation officer.
2) You shall submit your person, property (including but not limited to computer, electronic devices,
and storage media), residence, office, or vehicle to a search conducted by the probation officer,
at a reasonable time and in a reasonable manner based on reasonable suspicion of contraband
or evidence of violation of a condition of release. Failure to submit to search may be grounds for
revocation. You shall warn any other residents that the premises may be subject to searches
pursuant to this condition.
3) You shall not contact the following victim(s): Heidi Baker, Ernest Morgan, Justine Honiker, and
Betty Yerington, and the probation officer will verify compliance.
4) You shall not be involved with gang activity, possess any gang paraphernalia or associate with
any person affiliated with a gang.
5) You shall abstain from all use of alcohol or alcoholic beverages.
Vicente H. llllontez was convicted of Possession of Stolen Mail in violation of 18 USC § 1708.
RESPECTFULLY PRESENTING PETITION FOR ACTION OF COURT FOR CAUSE
AS FOLLOWS:
A. Violation of Standard Condition 9: "You shall notpurchase, possess, use, distribute, oradminister
any narcotic or other controlled substance as delined in Section 102 ofthe Controlled Substance
Act (21 USC §8O 1) or other drug paraphemalia related to such substance, withouta prescription
by a licensed medical practitioner. Possession of controlled substances will result in mandatory
revocation of your term of supervision. "
Case 2:03—cr—01260—ROS Document 40 Filed 07/10/2006 Page 1 of 3

Page 2
U.S.A. v. Vicente H. Montez •
Docket No. 03CR01260-001-PHX-ROS
June 23, 2006
1) The defendant possessed illegal drugs as in the early morning of April 26, 2006, Goodyear
police contacted the defendant in a vehicle and further investigation (a drug detection dog)
revealed illegal drugs were present. Officers also found what they suspected were used
marijuana cigarettes, a scales with suspected methamphetamine residue, and
approximately 68 grams of methamphetamine in packages which they suspected were for
sale. The defendant invoked his 5th Amendment Right and he was jailed possession of
illegal drugs for sale. However, charges have yet to be submitted to and tiled by the
Maricopa County Attorney's office, but the defendant is being held in jail for violating
probation in Maricopa County Matter CR2004-021611-002 DT and that grant has since
been revoked. A copy of the probation revocation in the superior court matter is appended
to the petition.
2) The defendant used methamphetamine on or about February 22, 2006, as evidenced by
positive urine specimen B00971759 submitted at the probation office on that date. The
laboratory confirmation of the positive drug test is appended to the petition.
3) The defendant used methamphetamine on or about March 3, 2006, as evidenced by
positive urine specimen A00094774 presented at TASC on that date. The laboratory
confirmation of the positive drug test is appendedto the petition.
B. Violation of Standard Condition 1 1 : "You shall not associate with any persons engaged in criminal
activity, and shall not associate with any person convicted of a felony unless granted permission
to do so by the probation officer. "
1) On January 27, 2006, Avondale police contacted the defendant and his older brother,
Jesus Hinojos Montez, regarding a kidnaping incident. Additionally, the pair was trying to
purchase illegal drugs. Police found open containers of alcohol and syringes in the vehicle.
The defendant was arrested and detained for outstanding warrants and his older brother
was booked into the Maricopa County Jail for kidnaping, vehicle theft, weapons misconduct,
possession of dangerous drugs, and liquorviolations. Jesus Hinojos Montez is pending trial
for the new arrest along with two other matters in Maricopa County Superior Court and a
copy of the latest minute entry is appended to the petition. The defendant denied all
involvement in the incident concerning his older brother and the Avondale police report
detailing the incident is also appended to the petition.
2) On March 4, 2006, Tolleson police contacted the defendant in a vehicle with a woman, a
man, and a juvenile female. The driver, Roque Barraza, was placed on probation in
Maricopa County Superior Court matter CR 2003-025338-001 for felony theft and his
probation has since been revoked. Additionally, copies of Barraza’s sentencing and
revocation orders are appended to the petition. The adult female, Elizabeth Beltran, was
found in possession of illegal drugs, drug paraphernalia, and official government
identification of three different women (one of whom is deceased). She now has a criminal
{ case pending in Maricopa County Superior Court matter CR 2006-118303-001 DT and a
copy of the Tolleson police report detailing the incident is appended to the petition.
C. Violation of Standard Condition 13: "You shall immediately notify the probation officer (within forty-
eight (48) hours if during a weekend or on a holiday) of being arrested or questioned by a law
enforcement ofricer. "
Case 2:03-cr—01260—ROS Document 40 Filed 07/10/2006 Page 2 of 3

Page 3
U.S.A. v. Vicente H. Montez E 0
Docket No. 03CR01260-001-PHX-ROS
June 23, 2006
The defendant was arrested or questioned by Tolleson police during a traffic stop on March 4, 2006, and
he did not report the contact or incident to this officer until March 22, 2006, after he was confronted for
failing to report the matter.
**AII of the above—indicated allegations are Grade C violations, §7B1 .1 (a)(3)(B), and Allegation A(1 ) calls
for mandatory revocation of supervised release per 18 USC § 3583(g)(1).
AFFIDAVIT AND PETITION PRAYING THAT THE COURT WILL ORDER A WARRANT BE ISSUED
In conformance with the provision of 28 U.S.C. § 1746, I declare, under penalty of perjury, that the
foregoing is true and correct to the best of my knowledge. Based on the information presented that the
offender has violated conditions of supervision, I am petitioning the Court to issue a warrant.
.. eéa gzapé
ames . Blount, Date _
U.S. Probation Officer
Reviewed
` (/____, {A3 fg 6 ·
David B. Colleran Date
Supervisory U.S. Probation Officer
Re wed by
5 é 4.47go Q
ul V. od Date
Assista t U.S. Attorney
ORDER OF COURT
I find there is probable cause to believe the offender has violated conditions of supervision, supported
by the above affirmation given under penalty of perjury. The Court orders the issuance of a warrant.
Considered and ordered this Egg day o ·, 2006, and ordered filed and made
a Record inthe above case. .
"~ " I ° VNOZIBV ;l0 l3|8lSlCl
The Hon bl Roslyn O. Silver, "·
U.S. D'strict Jud
' g° 00: 6- it rrr 90.
Defense Counsel:
l<`ll·l?It3lid
Joanne F. Landfair (Appointed) 33Ir·.>i3S_'$`l‘t’:;i'§_iiVPI 'STI
sai North First Avenue ¤5»‘\iii~l·=‘*i
Suite 106
Phoenix, Arizona 85003
Case 2:03-cr—01260—ROS Document 40 Filed 07/10/2006 Page 3 of 3

Case 2:03-cr-01260-ROS

Document 40

Filed 07/10/2006

Page 1 of 3

Case 2:03-cr-01260-ROS

Document 40

Filed 07/10/2006

Page 2 of 3

Case 2:03-cr-01260-ROS

Document 40

Filed 07/10/2006

Page 3 of 3